BRUCE SIDNEY THORNDIKE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Miller v. State, 435 So. 2d 258 (Fla. 3d DCA 1983)
  …olice officers. It is clear that whether an improper comment by the prosecution constitutes harmful error must be determined by a consideration of its effect when viewed in context with other circumstances appearing in the record. Coleman v. State, 420 So. 2d 354 (Fla. 5th DCA 1982); Nelson v. State, 416 So. 2d 899 (Fla. 2d DCA 1982); McMillian v. State, 409 So. 2d 197 (Fla. 3d DCA 1982). A synopsis of the applicable law concerning prosecutorial misconduct can be found in Breedlove v. State, 413 So. 2d 1 (Fl…
• Brown v. State, 524 So. 2d 730 (Fla. 4th DCA 1988)
  …er argument, the key question is “whether or not the court can see from the record that the conduct of the prosecuting attorney did not prejudice the accused, and unless this conclusion be reached, the judgment should be reversed.” Coleman v. State, 420 So. 2d 354, 356 (Fla. 5th DCA 1982), citing to McCall v. State, 120 Fla. 707, 163 So. 38 (1935). Here, the insinuation that the appellant had an alibi defense, i.e., that he was watching a football game with friends at the time of the alleged crime, and that…
• Bayshore v. State, 437 So. 2d 198 (Fla. 3d DCA 1983)
  …from the record that the conduct of the prosecuting attorney did not prejudice the accused, and unless this conclusion be reached, the judgment should be reversed.” Lipman v. State, 428 So. 2d 733, 736 (Fla. 1st DCA 1983), quoting Coleman v. State, 420 So. 2d 354, 356 (Fla. 5th DCA 1982). Because the whole issue of alibi was raised by [*200] the state, we find that the prosecutor’s comments may have led the jury to believe that appellant had the burden of proving his innocence. Dixon v. State, 430 So. 2d 949…